Devon CC v TR [2013] EWCA Civ 418 (30 April 2013)

Devon CC v TR [2013] EWCA Civ 418 (30 April 2013)

Devon CC failed to make out the statutory defence for this particular road due to insufficient inspection frequency, but TR was contributorily negligent for failing to notice and avoid the rut; liability apportioned 50% to each.

Citation
[2013] EWCA Civ 418
Parties
Appellant: Devon CC; Respondent: TR
Jurisdiction
England and Wales
Judgment Date
30 April 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; finding substituted for TR subject to 50% contributory negligence.
Legal Topics
Highway Authority Liability, Statutory Duty Under Highways Act 1980, Contributory Negligence, Inspection Frequency, Statutory Defence
Tort Public Law Highway Authority Liability Statutory Duty Under Highways Act 1980 Contributory Negligence Inspection Frequency Statutory Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Devon CC

Appellant

TR

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Was there a breach of section 41 of the Highways Act 1980?
  2. 2 Did the breach cause the accident?
  3. 3 Did Devon CC make out the statutory defence under section 58?

Ratio Decidendi

Devon CC failed to make out the statutory defence for this particular road due to insufficient inspection frequency, but TR was contributorily negligent for failing to notice and avoid the rut; liability apportioned 50% to each.

Court Disposition

Appeal allowed in part; finding substituted for TR subject to 50% contributory negligence.

Orders

  • TR's damages reduced by 50% for contributory negligence.
  • Devon CC liable for remaining 50% of damages.